[HISTORY: Adopted by the Town Board of the Town of Poestenkill 6-12-1980 by L.L. No. 2-1980 (Ch. 50 of the 1986 Code). Amendments noted where applicable.]
The Town Board of the Town of Poestenkill recognizes that the consumption and open transportation of alcoholic beverages in public places should be adequately controlled and regulated so as to prevent public disorder, nuisances, littering, drunk driving and other acts detrimental to the public health, safety and welfare within the Town, and this chapter is intended to provide such control and regulation.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes all beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable for or used for holding any liquid.
OPEN CONTAINER or UNSEALED CONTAINER
Any container from which the top or cork has been removed or any of its contents have been removed or the government tax stamp has been removed or broken or, in the case of a metal container, when the container has been opened in any fashion or, in the case of twist-top containers, when the original seal has been broken.
PUBLIC PLACE
Any highway, street, sidewalk, park, playground, school ground, parking lot, shopping center or any other place to which the public, or a substantial group of persons, has access, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law or such other places as may be excepted from this chapter by order of the Town Board.
No person shall consume or ingest any alcoholic beverage nor shall he have in his possession any open, unsealed, resealed or partially emptied container of an alcoholic beverage in or upon any public place within the Town of Poestenkill or in or upon any private property within the Town of Poestenkill without the express consent of the owner, lessor or other lawful occupant of said private property.
For purposes of this chapter, any open, unsealed, resealed or partially emptied container of an alcoholic beverage found in any vehicle shall constitute presumptive evidence that the same is in possession of all the occupants of said vehicle.
[Amended 4-10-1986 by L.L. No. 1-1986]
Any person, upon conviction for violation of this chapter, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.